NEW INDIA ASSURANCE COLTD Vs. KHAJA MOINUDDIN

JUDGEMENT

(1.) This appeal is filed by New India Assurance Company aggrieved by the compensation awarded by the Commissioner for Workmen's Compensation, Nizamabad dated 25.9.2001 in W.C No. 15 of 1998. First respondent herein/applicant in the W.C No. 15 of 1998 was employed as a cleaner in a goods motor vehicle bearing registration No. AP 09T 6255, owned by second respondent/Opposite Party No. 1 in the W.C No. 15 of 1998. The motor transport vehicle is insured with New India Assurance Company Limited, appellant herein/Opposite Party No. 2. The parties herein are referred to as described in W.C No. 15 of 1998. The motor transport vehicle met with an accident on 07-08-1997, resulting in injuries to applicant. The applicant sustained fracture of left hand, injuries to head, legs and other parts of the body. He was immediately shifted to Government Hospital, Nizamabad and there after he continued to take treatment in the private hospitals.

(2.) Since no compensation was paid to him, he filed complaint before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad, (for short referred to as the Commissioner) which is numbered as W.C. No. 15 of 1998 (NF). The applicant claimed compensation of Rs. 1,80,000/- with interest @ 24% per annum. The owner of the vehicle was set ex parte.

(3.) The Commissioner framed four issues for consideration. Insofar as this appeal is concerned, issue No. 3 is relevant, which reads as: